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Admissions appeals in 1999: the impact of the 1998 regulations and R,v. Birmingham city council ex parte M 1998
Authors:Anne Ruff
Affiliation:Principal Lecturer in Law , Middlesex University , The Burroughs, London NW4 4BT, UK
Abstract:School admission appeal committees hearing appeals in 1999 will have to grapple with two main changes. Firstly, they will have to identify which of the three tests available applies to the appeal before them. The Education Act 1996 (Infant Class Sizes) Modification Regulations 1998 (SI 1998/1948) have replaced the ‘standard’ prejudice test with a ‘new’ and much narrower prejudice test for certain admission appeals. The third test applies to appeals relating to the admission of a pupil who has been permanently excluded from a school on two or more occasions. Secondly, the recent decision of the High Court in R. v. Birmingham City Council x parte M 1998 requires an appeal committee to give specific grounds for their decision in the letter informing parents of the committee's decision. This goes beyond the broad grounds hitherto considered adequate and has implications for both the appeal hearing and for the form of letter used by local authorities.
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